Supreme Court revives domestic abuse case

GREEN BAY - An Ashwaubenon man accused of choking his girlfriend, punching her, holding a butcher knife to her throat and holding her prisoner for five hours will be allowed to withdraw his no contest plea, the Wisconsin Supreme Court has ruled.

Timothy L. Finley Jr., 39, apologized to the woman, now 27, after beating and strangling her for five hours, and then calling her in sick at work because she couldn’t talk and was too sore to move, a criminal complaint says.

He was charged in June 2011 with four felony counts: First-degree reckless endangerment, substantial battery, strangulation and false imprisonment, all filed as domestic abuse charges, and with a weapon enhancer and repeat-offender enhancer adding to his potential prison time.

As part of a plea deal, Finley pleaded no contest to one count, first-degree reckless endangerment. In exchange for the plea, prosecutors agreed to dismiss all the other charges, although they’d be read into the record at sentencing, and to recommend no more than 10 years in prison for the offense.

Before accepting the plea, Circuit Court Judge William Atkinson formally questioned Finley to ensure he understood the ramifications of his plea, but Atkinson mistakenly understated the maximum possible penalty by four years, telling him that despite the state’s recommendation, Atkinson could impose up to 19½ years in prison.

At sentencing, Atkinson did ignore the state’s recommendation and opted to impose the maximum 23½ years — 18½ in prison and five on extended supervision.

Finley appealed, arguing that because he’d been given wrong information, his plea was not knowingly, intelligently and voluntarily made, as legally required.

Prosecutors argued that Finley understood the penalties, because several court documents, including the criminal complaint, spelled them out, and that Finley’s lawyer had frequently explained the possible penalties. Prosecutors also argued that a plea withdrawal was not the only possible remedy to Atkinson’s mistake, that Atkinson could and did try to fix the problem by reducing Finley’s sentence by the mistaken amount.

The Third District Court of Appeals rejected that argument and accepted Finley’s motion. The Supreme Court this week upheld the appellate decision.

Brown County District Attorney David Lasee said this week his office had not yet had a chance to consult with the victim, to see what her wishes were. However, Lasee said, “I would anticipate that we will proceed with the prosecution of the case, whether that means a jury trial or resolution short of trial if such a resolution can be reached.”